Red Flag Rule Extended a Second Time

At the request of Members of Congress, the Federal Trade Commission (FTC) has once again extended implementation of the Red Flag rules. Congress is currently trying to pass an amendment (H.R. 3763) which as written would likely exempt many photographers from creating and maintaining the Identity Theft Prevention Program currently required by the Fair Credit Reporting Act. 

Barring any further Congressional requests for an extension, the FTC has set the new effective date as December 31, 2010 or as of the implementation date included in the bill.

PPA will continue to monitor this important piece of legislation that would provide compliance exemptions to businesses the FTC determines:

  1. Knows all of its customers or clients individually.
  2. Only performs services in or around the residences of customers; or
  3. Have not experienced identity theft incidents (and identity theft is rare for businesses of that type).

Until this bill becomes a law, we recommend ensuring you have visited to create an Identity Theft Prevent Program. You should also refer to PPA’s Guide to the Federal Trade Commission Red Flag Rules, a photographer-friendly companion to publications produced by the FTC.

You can follow the status of this bill on the “Contact Congress” page by clicking on the “Issues & Legislation” tab.

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